Information Only

INFORMATION ONLY

March 14, 2002

TO THE ADMINISTRATOR ADDRESSED:

Subject: Government Code, Subchapter G, §824.602: Provisions Related to the Employment of Retired Educators

In a letter dated August 8, 2001, the Texas Education Agency (TEA) provided districts with information related to changes that were made to §824.602 of the Government Code during the 77th Texas Legislature. These changes concerned the employment of individuals who have retired from service with a Texas public school.

To assist districts in their recruiting and staffing efforts, the information and attachments to the August 2001 letter have been updated for the 2002-03 school year. The updated information is reflected in the enclosed documents, labeled Attachment I and Attachment II.

In general, §824.602 of the Government Code allows retired educators to return to full employment with Teacher Retirement System (TRS) covered employers without experiencing restrictions to, or loss of, benefits as long as certain conditions are met. However, there are different conditions that must be met depending on whether the individual retired before or after January 1, 2001. These conditions are summarized in Attachment I, Conditions of Employment of Retired Individuals.

A key component concerning individuals who retired after January 1, 2001 relates to areas of acute teacher shortage. One of the provisions of §824.602 of the Government Code requires the board of trustees of a school district to determine (by rule) acute areas of teacher shortage in the district. The local board of trustees’ determination must be based on guidelines adopted by the commissioner of education. These guidelines are contained in Attachment II.

If you have questions related specifically to retirement issues, please check the TRS website at or contact TRS by phone at 1-800-223-8778. If you have questions concerning the guidelines related to acute areas of teacher shortage, please contact Nolan Wood or Bobby West at (512) 475-2160.

Sincerely yours,

Jim Nelson

Commissioner of Education

Attachment I: Conditions of Employment of Retired Individuals-Updated for the 2002-03 School Year

Attachment II: Guidelines for and List of Acute Areas of Teacher Shortage-Updated for the 2002-03 School Year

Conditions of Employment of Retired Individuals

(Based on provisions of Government Code, Subchapter G. §824.602)

For individuals who retired before January 1, 2001:

*For all certified professional educators.

For individuals who retired after January 1, 2001:

Break in service required? / Subject areas that may be taught / Eligible positions / Certification Required? / Early age retirees eligible?
Yes, minimum of twelve months for teachers, principals, and assistant principals; minimum of one month for bus drivers / Teachers*: Acute shortage areas on a full-time basis / Teachers*
Principals
Assistant Principals
Bus Drivers / Yes** / No

* Districts must give preference in the hiring process for a position as a classroom teacher to certified applicants who are not retirees [Section 824.602 (a)(m)(3) of the Government Code]. (See also Guidelines for Determining Areas of Acute Teacher Shortage.)

**For all certified professional educators.

There are no changes in current law regarding disability retirees returning to work.

There are no changes regarding retirees who go to work under the exceptions for substitutes, part-time or full-time up to six months.

As you have questions related specifically to retirement issues, please check the TRS website at or contact TRS by phone at 1-800-223-8778.

Guidelines for Determining Areas of Acute Teacher Shortage

(Based on provisions of Government Code, Subchapter G. §824.602)

The board of trustees of a school district will determine by rule whether there are acute areas of teacher shortage in the district. The local board of trustees’ determination must be based on guidelines adopted by the commissioner of education. As required by Government Code, Subchapter G. §824.602, these guidelines are established as follows:

Districts should consider the list of areas of acute teacher shortage as identified by the Texas Education Agency. The following subject areas are identified as areas of acute teacher shortage for the 2002-2003 school year:

Mathematics (secondary)*

Science (secondary)*

Special Education (all level)

Languages other than English (secondary)*

Bilingual/English as a Second Language (all level)

Technology Applications (secondary)*

*secondary (grades 6-12)

Districts should develop procedures that outline how the district actively recruits qualified teacher applicants through a variety of means. Recruiting efforts should include a variety of approaches (e.g., advertisements, participation in job fairs, personnel cooperatives, university recruiting efforts, or other recruitment strategies). The board of trustees may determine local areas of acute teacher shortage in areas where the district has exhausted recruiting efforts and still been unable to employ qualified individuals. Documentation substantiating recruiting efforts should be maintained locally.

Districts must give preference in the hiring process for a position as a classroom teacher to certified applicants who are not retirees [Section 824.602 (a)(m)(3) of the Government Code]. How preference will be given is a decision of the district. In reaching that decision, districts should develop criteria that outline the manner in which preference will be given in the hiring process.

If you have any questions about these guidelines, please do not hesitate to contact Nolan Wood or Bobby West at (512) 475-2160.